Patna High CourtCR. MISC./35279/2019allowed

Jitendra Kumar @ Jitendra Kr. v. The State Of Bihar

2019-05-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35279 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Jitendra Kumar @ Jitendra Kr., S/o Ram Awadhesh Mayang @ Ram Awadhesh Nayang, R/o Mohalla- Brindavan Colony, P.S.- Phulwarisharif, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 3139 of 2019, arising out of Phulwarisharif P.S. Case No. 276 of 2019, for the offence under Sections 30(a) and 37(b) (c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 22.03.2019. He further submits that in the instant case total 12 litres of country made liquor was seized and out of 12 litres, 2 litres of liquor was seized from the possession of the petitioner.

Considering the totality of the facts, the petitioner, named above, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.35279 of 2019(2) dt.29-05-2019 2/2 bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No. 3139 of 2019, arising out of Phulwarisharif P.S. Case No. 276 of 2019.

The Court is constrained to observe that in matters where little quantity of liquor is seized, the matter of regular bail should not travel to the High Court, if the petitioner has got no criminal antecedent.

(Anil Kumar Upadhyay, J) uday/- U T